TERMS & CONDITIONS OF ONLINE SALE
1.1. These Terms and Conditions (“Terms and Conditions”) govern the sale and delivery of products MY MARACUJÁ offers on its website http://www.mymaracuja.com (hereinafter referred to as the “Website”), between MY MARACUJÁ Sàrl, société à responsabilité limitée Switzerland, having its registered office at 4, rue Louis-Curval, 1206 Geneva, Switzerland, registered in Switzerland under the number CHE-327.992.271 (hereinafter referred to as “MY MARACUJÁ ”) and the buyer having an IP address in one of countries as set out in article 2.1 below and whose identity has been indicated in the order (hereinafter referred to as the “Buyer”).
1.2. Any order for a product offered for sale constitutes full acceptance of the Terms & Conditions in force at the time of placing the order. MY MARACUJÁ suggests the buyer reads them carefully before ordering a product on the Website, saves or prints a copy to which the buyer can refer to, being understood that the Buyer is solely responsible for saving or printing this document.
2. SUPPLY OF PRODUCTS VIA THE WEBSITE
2.1. Only transactions requested by individuals residing or having a delivery address in the following territories will be treated:- Switzerland- European Economic Union- United Kingdom (England, Wales, Scotland, North of Ireland). Orders from other countries will be treated upon request to firstname.lastname@example.org.
2.2. The Website is normally set up for the sale of products to final consumers. MY MARACUJÁ reserves the discretionary right to refuse or cancel any orders, including orders that appear to be fraudulent.
2.3. By using or ordering through this website, the buyer consents:
2.3.2. Having all necessary legal rights to purchase online.
2.3.3. Being 18 years old or older.
2.3.4. Being a resident of above mentioned territories;
2.3.5. Having accessed this web site from one of these territories.
3. PURCHASE OF PRODUCTS AND ORDER PROCESS
3.1. By placing the order, the buyer must confirm that the said order is correct and accept these Terms and Conditions. If the order is not correct, he/she can return to it and correct errors before submitting the order. It is the buyer's responsibility to ensure that the order is correct before its submission to MY MARACUJÁ.
3.2. An order constitutes an offer to buy MY MARACUJÁ products in accordance with the Terms and Conditions and is subject to MY MARACUJÁ’s approval.
3.3. MY MARACUJÁ will acknowledge receipt of each order by sending a confirmation email to the buyer, being understood that in no case the confirmation shall constitute acceptance of the order.
3.4. All products are sold subject to availability.
3.5. Upon acceptance of payment, MY MARACUJÁ sends the buyer a confirmation email summarizing all the information about the order, including full contact details, availability of products ordered, total cost of products, payment method, time and place of delivery.
3.6. The buyer and MY MARACUJÁ are bound by an online sale’s contract upon confirmation of acceptance of the Buyer's order by email.
3.7. This agreement applies only to products covered by the order confirmation.
4. PRICE & PAYMENT CONDITIONS
4.1. MY MARACUJÁ strives to ensure that all information, descriptions and prices displayed on the Website are accurate, except in case of obvious errors. If MY MARACUJÁ discovers an error in the price of the products the buyer ordered, MY MARACUJÁ will inform the buyer as soon as possible, and let him/her choose either to reconfirm the order at the correct price or to cancel it. If unable to contact the buyer, MY MARACUJÁ will consider the order as cancelled. If the buyer cancels the order while he/she has already paid for the products, he/she will be fully refunded.
4.2. The price of the products ordered by the buyer is the one provided on the Website and in the order confirmation. Prices indicated in the Website are only valid for sales made on the Website. It is possible that, despite MY MARACUJÁ’s efforts, typographical or printing errors may be discovered in the prices of the products. All products prices are indicated in Euros, taxes excluded, being specified that all relevant import taxes and duties may be billed to the buyer by the shipper upon or post receiving the order.
4.3. Payment can be made either by credit card or by PayPal. The payment of the entire price must be made at the time the products are ordered and in all cases prior to the shipping order. In no event the paid amounts are to be considered as deposits. MY MARACUJÁ reserves the right to delay delivery until MY MARACUJÁ has received full payment for the ordered products.
4.4. All credit card holders are subject to validation checks and authorization by the issuer of the credit card. Personal data of the holder of the credit card are required for these checks and can be exchanged with third parties. If the issuer of the credit card does not authorize the payment of the buyer's order, the delay or non-delivery of the order will not be incurred by MY MARACUJÁ.
4.5. In addition, information about the order and payment are subject to automated processing according to terms and conditions available on paymill.com. This automated data processing ensures the security of card payments on line. The buyer is advised to read the relevant legal mentions on the website.
5.1. Deliveries are limited to Switzerland, the European Economic Union and United Kingdom (England, Wales, Scotland, North of Ireland). Other countries can be delivered upon request to email@example.com.
5.2. Except for special cases or unavailability of one or more products, the products ordered will be delivered at the same time.
5.3. All deliveries are sent to the address entered by the buyer at the time of ordering and confirmed by MY MARACUJÁ in its email order confirmation within three (3) to ten (10) days maximum from the date of receipt of the order (for the limited countries set out in article 5.1 above).
5.4. Delivery is free of charge to the consumer (for the limited countries set out in article 5.1 above).
5.5. Your shipment will be delivered by SWISSPOST and according to their shipping terms and conditions.
5.6. If the delivery time as stated above is exceeded and not justified by an event of force majeure, the buyer may request the cancellation of the sale in accordance with the applicable law and obtain the reimbursement of the amounts paid during the order process provided such order was not received.
6. TRANSFER OF OWNERSHIP AND RISK
6.1. Ownership of the goods is transferred to the buyer at the time of delivery.
6.2. Risk of the products passes to the buyer upon delivery. Risks in the sense of this provision means the responsibility for damage caused to or by use, handling or storage of the products. The risks associated with the return of a product, whatever the reason, lie the buyer.
6.3. Upon delivery, the buyer shall open the parcel in the presence of the carrier to check the status of the products. The buyer must notify MY MARACUJÁ of any missing product, any damage or defect within seven (7) days after delivery by registered mail addressed to MY MARACUJÁ Sàrl, 4, rue Louis-Curval, 1206 Genève, Switzerland with all supporting documents illustrating and proving the damages and/or losses occurred. After this period and failing to comply with these formalities, the products will be deemed compliant and free of any defect and no claim will be accepted by MY MARACUJÁ.
7. RETURNS & CANCELATIONS
7.1. The buyer has a right of withdrawal he may exercise within fourteen (14) days as from the date of delivery of any not suitable product. To this end, the buyer should ask MY MARACUJÁ a return form by email at firstname.lastname@example.org. Upon receipt of the email notifying the return, the buyer must print a copy and attach to goods which must be returned to the address indicated.
7.2. MY MARACUJÁ will exchange the product or refund the buyer the price charged, according to the wish expressed by the buyer, if the withdrawal was made within the period specified above, and provided that the returned product was not worn, used or damaged, is in the condition it was when delivered and is accompanied by a copy of MY MARACUJÁ’s email notifying the return. Costs of returning the product(s) are the responsibility of the buyer.
7.3. These return fees will be refunded to the buyer only if the products delivered and returned to MY MARACUJÁ within the statutory deadlines were not consistent with the ones by the buyer or were defective.
7.4. If the buyer has expressed the wish to be reimbursed, MY MARACUJÁ will refund the amount invoiced within thirty (30) days from the date of receipt of the product by MY MARACUJÁ. Refunds will be made to the corresponding payment card or PayPal account used to place the order. If only part of the order is returned, the buyer will be responsible for the delivery costs.
7.5. While MY MARACUJÁ tries to be as accurate as possible in the product descriptions, because many of the brands carried on the Website offer products that are handmade (one-of-a-kind), and/or upcycled (a process of converting waste or useless materials into new products of better quality or for better environmental value), MY MARACUJÁ does not guarantee that the product picture on the Website will be an exact match with the item the Buyer receives.
8.1. In any event, and to the extent permitted by law, and/or MY MARACUJÁ, nor any of its distribution network, nor any other party involved in the creation or operation of this Website may be held responsible, with respect to the buyer or any third party, for any indirect damage, including loss of profits, business, data, etc.., whatever the cause (for example, access to or use of this Website or linked sites, or inability to access or use this Website or linked sites - for example due to a power failure or technical problems causing a suspension or interruption of Service - modification, or unauthorized access to personal information, or accidental transmission of this information due to a virus).
8.2. MY MARACUJÁ shall be entitled at any time to modify, update, delete, remove, or suspend, temporarily or indefinitely, the whole or any part of this Website or any content posted on it without notice and without incurring any liability.
8.3. MY MARACUJÁ makes every effort to ensure that the information is always accurate and complete, however MY MARACUJÁ is not liable in respect of the buyer or any third party, in any way whatsoever, for inaccuracy of information on this Website or lack of information. MY MARACUJÁ takes the greatest care in presenting the products and their descriptions. However, photos of products are shown for illustrative purposes only. The buyer should check the description of each product to know the precise characteristics. MY MARACUJÁ wishes to clarify that the products on this Website are not necessarily shown at actual size. The Colours of the accessories, etc. are non-contractual.
8.4. MY MARACUJÁ’s responsibility for repairable damage it may cause to the buyer during a sale described herein is limited solely to the repair of foreseeable, direct and material damage actually suffered by the buyer and resulting from a breach of MY MARACUJÁ’s obligations, except for willful misconduct or gross negligence of the buyer. This repair will be limited to the amount of the last purchase of the buyer, even if MY MARACUJÁ was advised of the possibility of occurrence of such damage.
9.1. This Website is likely to contain links to the Brands websites and other websites operated by third parties and not affiliated to MY MARACUJÁ. The inclusion of any link to such third party sites does not imply endorsement by MY MARACUJÁ of those sites. MY MARACUJÁ has not reviewed all of the sites linked to its Website and is not responsible or liable for the content, accuracy, access, damages, usage or operations of any off-site pages or any other sites linked to this Website. Linking to any other off-site pages or third party sites is at the buyer's own risk.
9.2. MY MARACUJÁ is not responsible or liable for the content or operation of any third party website linking to its web site and for any related damage linked or inferred by their use.
9.3. The buyer cannot create hypertext links to the MY MARACUJÁ Website on his/her own behalf or on behalf of any third party without MY MARACUJÁ’s prior written consent.
10. MODIFICATIONS TO THESE TERMS & CONDITIONS
10.1. MY MARACUJÁ reserves the right to change these Terms & Conditions at any time and without any prior notice. Any changes or updates of these Terms & Conditions are valid upon online publication. These changes and updates are binding on the buyer who must thus refer to this heading in order to check the current Terms and conditions applicable.
10.2. The applicable and valid Terms & Conditions are those in force on the date the order is placed by the buyer.
11.1. Headings. The headings used in these Terms and Conditions are only for reference purposes and convenience. They do not affect the meaning or scope of the provisions they designate.
11.2. Severability. If any provisions or part of the provisions of these Terms and Conditions shall be deemed unlawful, void or unenforceable, the remaining provisions remain unchanged and in full force.
12.4. Electronic communication. The legislation requires that certain information or communications MY MARACUJÁ addresses to the buyer be made in writing. By using this Website, the buyer agrees expressly and unreservedly that the communication performed with MY MARACUJÁ be mainly electronic. MY MARACUJÁ will contact the buyer by email or provide information by posting notices on the Website. In making an order on the Website, the buyer agrees expressly and unreservedly to communicate electronically with MY MARACUJÁ.
12.5. Contact. For any questions relating to the purchase of a MY MARACUJÁ product or complaint, the buyer can contact MY MARACUJÁ:- By sending a letter to the following address: MY MARACUJÁ Sàrl, 4, rue Louis-Curval, 1206 - Geneva, Switzerland - By email at email@example.com or call 00 41 22 347 2484.
12.6. Applicable law and jurisdiction. These Terms and Conditions are governed by and construed in accordance with Swiss law and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980. In case of dispute relating to these Terms and Conditions, the ordinary courts of the Canton of Geneva shall have exclusive jurisdiction.